Shortly after Addam Swapp and state Corrections Lt. Fred House were shot during a gun battle the morning of Jan. 28, Jonathan Swapp retreated to the north side of the Singer home, raised his rifle and pointed it at law enforcement officers, an FBI agent testified Wednesday.
But, according to other testimony, Addam Swapp, himself wounded, cursed upon learning that a police officer had been shot.FBI agent Hal Metcalfe, who was positioned in the Jeppson residence west of the Bates and Singer homes, testified that he saw Jonathan kneel down in the "military position" and raise his rifle.
"I yelled (to companions), `Get down, get down! He's shooting at us.' "
Metcalfe said he then heard an agent say he'd been shot. Later it was learned, according to preliminary hearing testimony, that an agent was struck in his bullet-proof vest by a round believed to have been fired by Jonathan Swapp.
Questioned by Jonathan's attorney, Earl Spafford, Metcalf said he couldn't tell whether Jonathan had fired any shots.
Metcalfe was one of several agents involved in the shootout who testified in the fourth day of trial for the Swapp brothers and John Timothy Singer, who are charged with second-degree murder in House's death. House was shot by Singer, prosecutors allege, while trying to get his dog to attack and subdue the Swapps, who had resisted arrest during the 13-day siege at the Singer property in Marion, Summit County, following the bombing of a nearby LDS chapel.
FBI agent John Butler testified Wednesday that he was with House in the Bates home when shots began to come into the house. "(Addam) turns toward me, raises his rifle and points it in my direction. At that time I step forward and fire one round. . . . I felt my life and the lives of individuals in the Bates residence were in danger."
Addam was also fired upon by an agent in an upstairs room of the Bates home. It is not known for sure which agent hit Addam because the bullet is still inside his chest, making ballistics testing impossible.
After being shot, Addam fell to the ground then got up and stumbled into the Singer home. Moments later, he exited, staggered around the north side of the Bates home and was met by FBI agents pointing their rifles at him and ordering him to raise his arms. As Addam surrendered, agents also observed one of his wives, apparently Heidi, "stamping up and down in a frustrated manner" and yelling at him to come back to the Singer house.
After Addam fell to the ground west of the Bates home, agent Richard Rybolt and another agent searched him for weapons.
After seizing two clips of .30-06 rifle bullets from Addam's pockets, Rybolt treated a bullet hole in Addam's left wrist. Rybolt said he tried to keep Addam from drifting into unconsciousness.
Addam sang a hymn, said some prayers and then asked Rybolt if any officers had been hit.
"I replied yes." Addam then uttered an expletive and said, "Oh, Tim, why did you have to do it? Oh, Tim, why did you have to shoot?" according to Rybolt's testimony.
Singer's attorney, Fred Metos, is contending that his client was firing at the dogs, did not see the agents and did not intend to kill anyone.
Under Metos' cross-examination, agents have testified they were trying to keep themselves concealed from anyone inside the Singer home. Agents have also indicated the dogs had failed in earlier arrest attempts and did not respond as expected during the moments up to and during the shootout.
One agent testified he had to have 10 stitches in his arm after House's dog turned on him during the shootout.
As Singer was being confronted by arresting officers, he repeatedly asked them if they were going to kill him. Agent Steve McGavin said there was "some excitement" in Singer's voice when he made those inquiries.
Another agent, Charles Shepherd, who was in an armored personnel carrier that approached the home, said he observed an armed Singer in the north bedroom.
But under Metos' examination, Shepherd said Singer was making no threatening gestures.
The next two days of trial are expected to focus on ballistics. Prosecutors allege Singer fired seven rounds at officers and Jonathan fired three.